Right to Work Check – employer obligations

Right to Work Check – employer obligations

Also on KPMG.com

Every UK employer must complete a right to work check before employment begins.

Recent changes to the legislation and an increase in the number of prosecutions by the Home Office (that have been listed publically) mean that it is becoming increasingly important that all employers have a robust administrative process to ensure all of their employees have the right to work in the UK.

KPMG’s Right to Work Check application facilitates this obligation to carry out right to work checks via an iOS or Android enabled smartphone or tablet.

An employer found to be employing an individual who does not legally have the right to work in the UK, could incur a fine of up to £20,000 per employee without the right to work unless the employer has a statutory excuse.

The only way to establish a statutory excuse is by the employer demonstrating that the right to work checks have been carried out in line with the legal requirements and there is proof of this.

KPMG’s Right to Work Check application is user friendly and is available on smartphones and tablets. The application allows users to:

enter new employee details

take copies of and attest the required documentation

submit the evidence for manager approval

store the attested copies securely for the required time limits (currently at least 2 years after cessation of employment)

The application guides the user through the required procedure with helpful prompts reducing the likelihood of manual errors.

If errors are made, or copies of documents are missing, they can be picked up quickly using the manager portal. These can then be fed back to users in order that they can be rectified quickly and without delay.

Potential benefits

Clear audit trail that appropriate checks are being carried out

Increased speed of on-boarding process

Checks possible in places without immediate access to photocopiers/scanners